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Suspect's lawyers have said he found the gun by chance, it accidentally fired

(CNN)The undocumented immigrant who fatally shot a young San Francisco woman at a popular tourist spot two years ago has been indicted on two federal charges in connection with the controversial case.

Jose Ines Garcia Zarate, who was acquitted last week of state murder and involuntary manslaughter charges, was charged Tuesday with one count of a felon in possession of firearm and one count of an immigrant in possession of a firearm.

Garcia Zarate's acquittal in Kate Steinle's death prompted a firestorm of criticism from President Donald Trump and conservatives toward San Francisco, a so-called sanctuary city. Garcia Zarate was found guilty on a state charge of being a felon is possession of a firearm and could face up to three years in prison.

Immigration officials have said they want to deport him. Garcia Zarate claimed the shooting was accidental.

The federal charges were announced through a news release from US Attorney General Jeff Sessions, US Attorney from the Northern District of California Brian Stretch and Jill Snyder, a special agent in charge at the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Garcia Zarate, who is from Mexico and has been deported from the US five times, faces up to 10 years in prison on each count, if convicted.

Defense lawyers for Garcia Zarate said Monday they will appeal the state charge for which he was convicted. They believe the gun possession conviction seemed at odds with the acquittals, given that those verdicts aligned with the defense contention that Garcia Zarate found the gun by happenstance at the pier where the shooting occurred.

In closing arguments, lead attorney Matt Gonzalez argued that momentary possession, especially when you don't know what you're possessing, is not a crime.

CNN reached out to Garcia Zarate's attorneys on Tuesday but didn't receive an immediate response.

DA takes blame for acquittals

George Gascón, district attorney for the city and county of San Francisco, would not comment on the developments but talked to reporters about the recent trial.

"Last week was not a verdict we were hoping for. We believe this was a homicide," said at a news conference Tuesday.

Citing ongoing litigation, Gascón refrained from discussing details on the case and took responsibility for any failure to prepare for the case and the concluding not guilty verdict.

"From the day the murder happened, (the) case has been used as a political stunt," Gascón said.

Under a sanctuary city law, San Francisco authorities released him from custody three months before the shooting, instead of turning him over to Immigration and Customs Enforcement.

The case

Prosecutors said Garcia Zarate deliberately fired into an unsuspecting crowd on the pier in July 2015, killing Steinle as she walked with her father. The defense said the weapon went off by accident, and the bullet ricocheted off the ground and traveled about 80 feet before hitting Steinle.